Wellenkamp v. Bank of America

In Wellenkamp v. Bank of America (1978) 21 Cal.3d 943, the lender was a large bank with tremendous strength, resources and bargaining power far superior to that of the individual homeowner there seeking to avoid the dilemma between dispossession and more expensive refinancing. At bench, the lenders are husband and wife and his mother, not shown to be engaged in banking, mortgage financing, brokerage or any other "institutional" activity requiring licensing for the purpose of investing other people's money. In Wellenkamp the security was a single-family, owner-occupied home. Here, the security is a commercial building consisting of several apartments. The property at bench, as to all parties, is investment commercial property. In Wellenkamp the court noted the added feature of the public policy favoring protection of equity in a person's home. (See Wellenkamp v. Bank of America, supra , 21 Cal.3d 943, 950, fn. 6.)